# The Portishead Branch Line (MetroWest Phase 1) Order 2022, Paragraph 114

Extent: E+W

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 110(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of WWU, or there is any interruption in any service provided, or in the supply of any goods, by WWU, the undertaker must—
(a) bear and pay the cost reasonably incurred by WWU in making good such damage or restoring the supply; and
(b) make reasonable compensation to WWU for any other expenses, loss, damages, penalty or costs incurred by WWU,
by reason or in consequence of any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of WWU, its officers, servants, contractors or agents.
(3) WWU must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

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Source: https://www.legislation.gov.uk/uksi/2022/1194/schedule/16/paragraph/114 (the official version)
Page: https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022/schedule-16/paragraph-114
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

